Contractors and Residential Property FAQs
Every decision is critical after a loss due to a disaster. Contractors may approach you with enticing offers—like gift cards for roof inspections or promises to waive deductibles—but it’s important to know your rights. The Department has prepared the following Frequently Asked Questions (FAQ) to help you quickly spot red flags and understand legal contractor practices so you can rebuild safely and fairly.
It is against the law for a contractor to offer a residential property owner any rebate, gift, gift card, cash, coupon, waiver of insurance deductible, or any other thing of value in exchange for allowing the contractor to inspect your roof. Contractors are prohibited from submitting a claim directly to your insurance company on your behalf.
A contractor cannot interpret insurance policy provisions or offer advice about your coverage unless the contractor is also a licensed public adjuster. Your insurance agent can explain the policy provisions and offer insurance related advice.
A contractor must provide you with a good faith estimate with the contract. The estimate must itemize in detail cost of services and materials for repairs pursuant to a property insurance claim.
Go to MyFloridaLicense.com and verify the license with the Department of Business and Professional Regulations.
You can check for complaints with the Better Business Bureau. Their web address is BBB.org. You should also get at least three estimates and ask for references.
Assignment of Benefits signed with contractors have been prohibited for residential or commercial property insurance claims since 01/01/2023. Such assignment contracts are considered invalid and unenforceable.
A contractor is required to have general liability and property damage liability insurance. They must have worker compensation insurance as well, unless they qualify for an exemption. Always ask for a copy of their proof of insurance before signing a contract.
That would be considered insurance fraud. You must consider reporting by visiting the website FraudFreeFlorida.com.
This is a red flag and a possible violation of the terms of your insurance contract.
An itemized invoice should be included with your claim or supplemental. Your insurer will use this to verify cost and coverage. Not providing an itemized invoice may lead to delays in settling your claim.
All contracts for roof repair or replacement, must include a notice that the contractor must not offer you a rebate, gift, gift card, cash, coupon, waive the insurance deductible or anything of value in exchange for allowing a roof inspection; or making an insurance claim for roof damage. If such notice is not included, you may void the contract within 10 days after executing it.
- The consumer would be responsible for payment of the insurance policy deductible.
- It is insurance fraud punishable as a felony of the third degree for a contractor to knowingly or willfully, and with intent to injure, defraud, or deceive, pay, waive, or rebate all or part of an insurance deductible applicable to payment to the contractor for repairs to a property covered by a property insurance policy; and
- It is insurance fraud punishable as a felony of the third degree to intentionally file an insurance claim containing any false, incomplete, or misleading information.
If your roof was damaged from an event for which the Florida governor declared a state of emergency, you may cancel your contract with no penalty or obligation within 10 days after signing the contract or by the official start date, whichever comes first. The official start date means any of the following: a) the date when the work that includes the installation of materials begins, b) the date a final permit was issued or the date when a temporary repair to the roof has been made to comply with the Florida Building Code.